Personal appearance required in cheque bounce case: SC

“We have no hesitation in holding that the High Court exceeded its jurisdiction by laying down the general directions,” a bench of Justices D K Jain and A K Ganguly said,adding,directions by the High Court were wholly uncalled for.

The Kerala High Court had directed that in check bounce cases personal appearance of an accused is not required,saying that “there was great need for rationalising,humanising and simplifying the procedure in criminal courts” in dealing with offences which are technical in nature and do not involve any moral turpitude.

The apex court,however,was not convinced with the rational and said that High Court cannot lay down directions for the exercise of discretion by the magistrate.

“While it is true that the power of superintendence conferred on the High Court is both administrative and judicial,but such power is to be exercised sparingly and only in appropriate cases in order to keep the subordinate courts within the bounds of their authority.”

“In any event,the power of superintendence cannot be exercised to influence the subordinate judiciary to pass any order or judgement in a particular manner,” the bench said.

It said the order passed by the High Court is unsustainable.

“…satisfaction whether or not an accused deserves to be exempted from personal attendance has to be of the magistrate,who is the master of the court in so far as the progress of the trial is concerned and none else,” the Bench said.

The apex court passed the order on an appeal filed by a complainant challenging the High Court’s order exempting a cheque bounce case accused from personal appearance.